Term Length

26.01 Purpose

The purpose of this chapter is to provide for the operation of the municipally owned Waterworks Utility by a Board of Trustees.

26.02 Appointment of Trustees

The Mayor shall appoint, subject to the approval of the Council, 5 persons to serve as trustees for staggered 6 year terms. No public officer or salaried employee of the City may serve on the Utility Board. (Code of Iowa, Section 388.3)

26.03 Compensation

The Council shall by resolution set the compensation of Board members. (Code of Iowa, Section 388.3)

26.04 Vacancies

An appointment to fill a vacancy on the Board of Trustees shall be made in the same manner as an original appointment except that such appointment shall be for the balance of the unexpired term. (Code of Iowa, Section 388.3)

26.05 Powers & Duties of the Board

The Board of Trustees may exercise all powers of the City in relation to the utility, with the following exceptions:

(Code of Iowa, Section 388.4)

Taxes, ordinances and bonds. The Board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds. Code of Iowa, Section 388.4[1])

Property. Title to all property must be in the name of the City but the Board has full control of such property subject to limitations imposed by law. (Code of Iowa, Section 388.4[2])

Reports to Council. The Board shall make a detailed annual report to the Council including a complete financial statement.(Code of Iowa, Section 388.4[3])

Proceedings Published. Immediately following a regular or special meeting, the Board Secretary shall prepare and cause to be published in a newspaper of general circulation in the City a condensed statement of proceedings including a list of all claims. (Code of Iowa, Section 388.4[4])

26.06 Control of Funds

The Board shall control tax revenues allocated to it as well as all moneys derived from operations. (Code of Iowa, Section 388.5)

26.07 Accounting

Utility moneys must be held in a separate utility fund. (Code of Iowa, Section 388.5)

26.08 Discriminatory Rates Illegal

The utility may not provide use or service at a discriminatory rate, except to the City or its agencies, as provided in Section 384.91, Code of Iowa. (Code of Iowa, Section 388.6)

26.09 Discontinuance of Board

A proposal, on motion of the Council or upon receipt of a valid petition, to discontinue the utility board is subject to the approval of the voters of the City, except that the Board may be discontinued by resolution of the Council when the utility is disposed of or leased for a period of over 5 years.